PH-B Adopt Resolution No. PC 2024-056: A Resolution of the Planning Commission of the City of Fontana, California, Recommending, Pursuant to an Exemption from the California Environmental Quality Act, that the City Council Approve a Development Agreement with Catalyst - Fontana LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.
Chair Fort opened Public Hearing.
Deputy City Manager, Philip Burum, presented the staff report and answered questions of the commission.
The commission and staff discussed a list of non-profit organizations included in the Development Agreement.
Secretary Quintana expressed his concerns regarding managing the project area and the presence of loitering.
Deputy City Manager, Philip Burum provided information on the city ordinance that was adopted by City Council specifically regulating potential sales of retail cannabis and provided details on the application period and the review process.
Deputy City Manager Burum also commented on the operating agreement requirements such as strict adherence to state standards, local ordinances regarding aroma, security, and inventory controls. Additionally, Deputy City Manager Burum spoke about the steps that the city is taking to maintain compliance.
Another discussion ensued between the commission and staff regarding how non-profit organizations were selected and if the organizations would remain in place throughout the tenure of the business. Deputy City Manager Burum explained the process on how the organization were selected and mentioned that the applicant would establish a committee for reviewing and determining any changes.
Chair Fort and Deputy City Manager Burum also discussed the number of operating retail cannabis locations and specifically where they would be located throughout the city.
The applicant, Damien Martin, on behalf of Catalyst, Fontana LLC., stated that he read and agreed to the Conditions of Approval and spoke about his commitment and engagement in the City of Fontana.
Applicant, Damien Martin also answered questions regarding the process of selecting the non- profit organizations, spoke about the possibility of expanding and adding additional groups and the process of negotiating the development agreement. Mr. Martin also spoke about his community engagement and noted 72 letter of support that he received on behalf of the local neighborhood adjacent to the project site.
Community Relations Liaison, Violeta Aguilar spoke about public outreach, community engagement and the community benefit agreement.
Lastly, the applicant and commission spoke about the application process and the selection for being identified on the nonprofit organization list.
The City Clerk’s Department received one (1) written correspondence in opposition of this item.
The following individuals spoke in opposition:
Flavio Nunez
Nicolas Cisneros
Juan Diaz
Edgar Ceja
Sebastian Castaneda
Jose A. Caballero
Michelle Bagi
Olga Macial
Brandon Krueger
Chair Fort requested clarification on the location and land use of the project site and Deputy City Manager, Burum, provided zoning information for the property and addressed concerns regarding loitering.
City Attorney Stephen Deitsch suggested adding additional language to “Section 5.2, to read as follows: “ The inclusion of additional community benefit partners shall be subject to an open application process, with approval of additional partners to be approved at the sole discretion of the city”.
Chair Fort requested that the Applicant confirm the additional language.
Applicant Martin approved the amended language that was recommended by City Attorney Deitsch.
The Public Hearing was closed.
RECOMMENDATION:
Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report, resolution and presented in the public hearing, staff recommends that the Planning Commission adopt Resolution No. PC 2024-056; and recommend that the City Council:
Find, after review of this Development Agreement, that the Project is EXEMPT from the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Section15301 (Class No. 1 - Existing Facilities) and direct staff to file a Notice of Exemption; and, Approve a Development Agreement with Catalyst – Fontana LLC, based upon the findings in the staff report and resolution, pending final adoption of the Development Agreement ordinance by the City Council and an Operating Agreement with Catalyst - Fontana LLC.
ACTION: Motion was made by Commissioner Thrasher and seconded by Commissioner Quintana and passed by a vote of 4-0 to approve Public Hearing Item “B” and adopt Resolution PC No. 2024-056 with amended language.
The motion carried by the following vote:
AYES: Chair Fort, Secretary Quintana, Commissioners Sangha and Trasher; NOES: None; ABSTAIN: None.
ABSENT: Vice Chair Sanchez
Chair Fort and staff discussed the criteria for the posting of public hearing notices.
ATTACHMENT NO. 4
Excerpt of the Planning Commission Meeting Minutes of November 19, 2024 Public Hearing Item B